2017 ORS 329.496¹
Physical education participation
  • professional development
  • instruction without endorsement
  • rules

(1) Every public school student in kindergarten through grade eight shall participate in physical education for the entire school year.

(2)(a) Students in kindergarten through grade five, and students in grade six at a school that teaches kindergarten through grade six, shall participate in physical education for at least 150 minutes during each school week.

(b) Except as provided by paragraph (a) of this subsection, students in grades six through eight shall participate in physical education for at least 225 minutes during each school week.

(c) Notwithstanding the time requirements established by paragraphs (a) and (b) of this subsection, the State Board of Education shall adopt rules that prorate the time requirements for:

(A) School weeks with scheduled school closures, including closures for holidays, inservice days and days scheduled for parent-teacher conferences;

(B) School weeks with unscheduled school closures, including closures for inclement weather and emergencies;

(C) School weeks with out-of-school activities that occur during usual school hours, including field trips and outdoor school programs;

(D) Part-time school programs, including half-day kindergarten; and

(E) Irregular class schedules, including class schedules based on a four-day week.

(d) School districts and public charter schools are not required to comply with the time requirements established by paragraphs (a) and (b) of this subsection for school years during the biennium in which the total amounts appropriated or allocated to the State School Fund and available for distribution to school districts are less than the amounts determined to be needed for school districts through the State School Fund under the tentative budget prepared as provided by ORS 291.210 (Preparing tentative budget). After the beginning of a biennium, a school district or a public charter school may cease to comply with the time requirements established by paragraphs (a) and (b) of this subsection if the amounts appropriated or allocated to the State School Fund and available for distribution to school districts are less than the amounts determined to be needed for distribution through the State School Fund, as calculated under ORS 291.210 (Preparing tentative budget).

(3) School districts and public charter schools shall offer instruction in physical education that meets the academic content standards for physical education adopted by the State Board of Education under ORS 329.045 (Revision of Common Curriculum Goals, performance indicators, diploma requirements, Essential Learning Skills and academic content standards). The instruction shall be a sequential, developmentally appropriate curriculum that is designed, implemented and evaluated to help students develop the knowledge, motor skills, self-management skills, attitudes and confidence needed to adopt and maintain physical activity throughout their lives.

(4)(a) School districts and public charter schools shall devote at least 50 percent of physical education class time to actual physical activity in each school week, with as much class time as possible spent in moderate physical activity.

(b)(A) For the purpose of satisfying the time requirements established by subsection (2) of this section, school districts and public charter schools may provide up to 45 minutes of activities during each school week that:

(i) Meet the academic content standards for physical education adopted by the State Board of Education under ORS 329.045 (Revision of Common Curriculum Goals, performance indicators, diploma requirements, Essential Learning Skills and academic content standards);

(ii) Are provided for students by a teacher whose license allows the teacher to provide instruction in physical education to those students, even if the teacher does not have a physical education endorsement; and

(iii) Have been reviewed by a licensed teacher with a physical education endorsement.

(B) The Department of Education shall:

(i) Review and, as appropriate, approve activities that are developed by nonprofit professional organizations representing health and physical education educators if the activities meet the requirements of subparagraph (A) of this paragraph; and

(ii) Make available to school districts and public charter schools a list of activities approved as provided by this subparagraph.

(C) School districts and public charter schools may provide activities that meet the requirements of subparagraph (A) of this paragraph even if the activities are not approved as provided by subparagraph (B) of this paragraph.

(5)(a) Notwithstanding subsections (1), (2) and (4) of this section, a student with disabilities shall have suitably adapted physical education incorporated as part of the individualized education program developed for the student under ORS 343.151 (Individualized education program).

(b) Notwithstanding subsections (1), (2) and (4) of this section, a student who does not have an individualized education program but has chronic health problems, other disabling conditions or other special needs that preclude the student from participating in regular physical education instruction shall have suitably adapted physical education incorporated as part of an individualized health plan developed for the student by the school district or public charter school.

(6) School districts and public charter schools shall assess school curricula at regular intervals to measure the attainment of the minimum number of minutes that students are required to participate in physical education under this section.

(7)(a) All teachers of physical education for public school students in kindergarten through grade eight shall be adequately prepared and shall regularly participate in professional development activities to effectively deliver the physical education program.

(b)(A) Notwithstanding any licensing or endorsement requirements established by the Teacher Standards and Practices Commission, a teacher with an elementary multiple subject endorsement may instruct students in activities described in subsection (4)(b) of this section if the activities are reviewed by a licensed teacher with a physical education endorsement.

(B) A teacher described in this paragraph may provide instruction in activities described in subsection (4)(b) of this section to students who are not regularly taught by the teacher as long as the instruction in the activities to students who are not regularly taught by the teacher does not exceed 45 minutes during each school week. Nothing in this subparagraph allows a school district to employ a teacher for the sole purpose of providing instruction in activities described in subsection (4)(b) of this section.

(8) A school district that does not comply with the requirements of this section is considered to be nonstandard under ORS 327.103 (Standard school presumed). [2007 c.839 §5; 2017 c.301 §1]

Note: Sections 2, 3, 5, and 7, chapter 301, Oregon Laws 2017, provide:

Sec. 2. Phase-in of time requirements. (1) Except as provided by subsections (2) and (3) of this section and only for school years prior to the 2022-2023 school year, a school district may not be considered nonstandard under ORS 327.103 (Standard school presumed) and moneys may not be withheld or any other penalty or sanctions imposed on a school district that does not comply with the time requirements established by ORS 329.496 (Physical education participation) (2).

(2)(a) For the 2019-2020 school year, students identified in ORS 329.496 (Physical education participation) (2)(a) shall participate in physical education for at least 120 minutes during each school week.

(b) For the 2020-2021 school year and every school year thereafter, students identified in ORS 329.496 (Physical education participation) (2)(a) shall participate in physical education for at least 150 minutes during each school week.

(c) If a school district fails to comply with paragraph (a) or (b) of this subsection, the school district may be considered nonstandard under ORS 327.103 (Standard school presumed).

(3)(a) For the 2021-2022 school year, students identified in ORS 329.496 (Physical education participation) (2)(b) shall participate in physical education for at least 180 minutes during each school week.

(b) For the 2022-2023 school year and every school year thereafter, students identified in ORS 329.496 (Physical education participation) (2)(b) shall participate in physical education for at least 225 minutes during each school week.

(c) If a school district fails to comply with paragraph (a) or (b) of this subsection, the school district may be considered nonstandard under ORS 327.103 (Standard school presumed).

(4) For the purposes of this section, a school district may:

(a) Prorate time requirements provided by this section in compliance with rules adopted by the State Board of Education under ORS 329.496 (Physical education participation) (2)(c);

(b) Apply up to 45 minutes of activities described in ORS 329.496 (Physical education participation) (4)(b) to the time requirements provided by this section; and

(c) Cease to comply with the time requirements provided by this section if the conditions described in ORS 329.496 (Physical education participation) (2)(d) are satisfied. [2017 c.301 §2]

Sec. 3. Repeal. Section 2 of this 2017 Act is repealed on July 1, 2022. [2017 c.301 §3]

Sec. 5. Recommendations for implementation of time requirements for students in grades six through eight. (1) The Department of Education shall develop recommendations for implementing the provisions of ORS 329.496 (Physical education participation) (2)(b).

(2) For the purpose of developing the recommendations, the department shall collaborate with advocates for physical education, representatives of school districts, educators and other interested stakeholders. Collaboration may be in person, electronically, or a combination of both.

(3) When developing the recommendations, the department shall consider:

(a) Best practices for providing physical education to students in grades six through eight and balance those best practices with resources available for providing physical education to students in grades six through eight, including scheduling issues, facility availability, costs for adding or upgrading facilities, moneys available for adding or upgrading facilities, the availability and costs of licensed physical education teachers and any other issues identified by the entities identified in subsection (2) of this section.

(b) All options for implementing the requirements of ORS 329.496 (Physical education participation) (2)(b) and other alternatives to the requirements of ORS 329.496 (Physical education participation) (2)(b) that are available for providing physical education to students in grades six through eight.

(4) All agencies of state government, as defined in ORS 174.111 (“State government” defined), and school districts are directed to assist the department in the performance of the department’s duties under this section and, to the extent permitted by laws relating to confidentiality, to furnish information and advice the department considers necessary to perform its duties.

(5) The department may accept donations of time and money for the purpose of fulfilling the duties of the department under this section.

(6) The department shall submit any recommendations for legislation to the interim committees of the Legislative Assembly related to education no later than November 15, 2018. [2017 c.301 §5]

Sec. 7. Repeal. Section 5 of this 2017 Act is repealed on December 31, 2018. [2017 c.301 §7]

Chapter 329

Notes of Decisions

Oregon Educa­tional Act for 21st Century does not facially violate students’ rights under First Amend­ment to United States Constitu­tion. Tennison v. Paulus, 144 F3d 1285 (9th Cir. 1998)

1 Legislative Counsel Committee, CHAPTER 329—Oregon Educational Act for the 21st Century; Educational Improvement and Reform, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors329.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 329, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano329.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.